Legal Definitions - Mistrial

Mistrial

A mistrial happens when a trial is stopped before a verdict is reached. This can happen for two reasons:

1. The jury can't agree on a verdict, so a new trial with a new jury is needed.
2. There is a serious mistake or unfair behavior during the trial that would make it impossible to have a fair verdict. In this case, the judge stops the trial and orders a new one.

For example, if a juror talks to someone about the case outside of the courtroom, that could be considered unfair behavior. If the judge finds out, they might declare a mistrial and order a new trial with a new jury.

In a criminal trial, the jury can't agree on whether the defendant is guilty or not guilty. They deliberate for several days, but still can't come to a decision. The judge declares a mistrial and orders a new trial with a new jury.

In another trial, a witness gives testimony that is later found to be false. The defense lawyer argues that this testimony unfairly influenced the jury's decision. The judge agrees and declares a mistrial, ordering a new trial with a new jury.

These examples show how a mistrial can happen when there are problems with the trial that make it impossible to reach a fair verdict.